BUI Laws Now Tougher

Governor Jay Inslee signed the boating safety bill (Senate Bill 5437) today, a three-part bill changing Washington’s boating safety laws and gets tough on boaters operating under the influence. The law changes go into effect on July 28.

Most notably, the bill strengthens Washington’s boating under the influence (BUI) law by making the penalty for BUI a gross misdemeanor punishable by a maximum fine of $5,000 and 364 days in jail.

Additionally, the law now allows for implied consent, which means an officer can require a boat operator to take a breath or blood test if the officer believes the operator is boating under the influence. If the operator refuses, he/she could be issued a $1,000 civil infraction.

Lastly, the law gives marine law enforcement officers the ability to hold negligent or reckless boaters accountable and the authority to issue citations for vessel accidents they did not witness.

Now, when an officer is investigating a vessel accident, like a vessel-to-vessel collision, and it’s determined a boat operator caused the accident by breaking a boating safety law, the officer can arrest the operator for criminal violations or issue a citation for an infraction.

“Washington has a long history of being a maritime state. We need to keep boating safe and fun, and this legislation will help us do that,” said Washington State Parks Director Don Hoch.

According to State Parks data, alcohol is a factor in 30 percent of boating fatalities.

The law change was intended to deter BUI by increasing the penalty and introducing implied consent in the form of a monetary penalty - not tied to the driver’s license.

Other changes to the law include the following:

Testing language consistent with driving under the influence (DUI) procedures: The statute was updated to reference the breath and blood testing procedures used in DUI cases. These procedures have been thoroughly tested in court.

Marijuana references added: The statute was updated with marijuana references that mirror language in Initiative 502, which made the recreational use of marijuana legal.

Test refusal is not admissible in court: The statute makes it clear that a boater’s refusal to submit to either a breath or blood test cannot be used as evidence in a court of law.

Recreational vessel rentals: The statue makes it clear that rented vessels must have all safety equipment, be properly registered and meet all other state requirements.